| Citation(s) |
|---|
| 1973 SLG 23 1973 SLD 23 1973 SCMR 21 |
Supreme Court of Pakistan
Civil Appeal No. 42 of 1968, decision dated: 9th January 1973.(On appeal from the judgment and order of the former High Court of West Pakistan, Lahore, dated the 22nd October 1964, in Writ Petition No. 1939-R of 1964)
HAMOODUR RAHMAN, C.J., SAJJAD AHMAD AND WAHEEDUDDIN AHMAD, JJ
Saeed Akhtar, Advocate Supreme Court instructed by Tanvir Ahmad, Advocate-on-Record for Appellant. Ch. Khalilur Rahman, Advocate-on-Record for
Respondent No. 1. Rana Maqbool Ahmad Qadri, Advocate-on-Record for
Respondent No. 3.
Respondents Nos. 2, 4, 5 an
Civil Appeal No. 42 of 1968, decision dated: 9th January 1973.(On appeal from the judgment and order of the former High Court of West Pakistan, Lahore, dated the 22nd October 1964, in Writ Petition No. 1939-R of 1964)
HAMOODUR RAHMAN, C.J., SAJJAD AHMAD AND WAHEEDUDDIN AHMAD, JJ
Saeed Akhtar, Advocate Supreme Court instructed by Tanvir Ahmad, Advocate-on-Record for Appellant. Ch. Khalilur Rahman, Advocate-on-Record for
Respondent No. 1. Rana Maqbool Ahmad Qadri, Advocate-on-Record for
Respondent No. 3.
Respondents Nos. 2, 4, 5 an
RAFIUDDIN
VS
ZAHOORUDDIN AND 5 OTher-
Law:
Section:
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched., Part II-Portion of property declared by Settlement Authorities to be a shop and not a khokha-Finding relied upon by High Court in writ petition-Supreme Court in appeal refused to interfere with such finding of fact. JUDGMENT WAHEEDUDDIN AHMAD, J.-This appeal by special leave is directed against the order of the former High Court of West Pakistan, Lahore, in Writ Petition No. 1439-R of 1964 dated the 22nd October 1964. By this order the writ petition was dismissed. The dispute relates in respect of a shop situated in New Anarkali, Lahore. It is a part of a building which consists of several shops and residential flats. Out of the shops, two shops are in possession of Muhammad Sadiq Shah respondent No. 3 and the adjoining one shop is in possession of Abdul Ghani respondent No. 2. The residential flat on the top of these shops has been in possession of appellant since 1948. It is alleged that the entrance to the stairs leading to the residential flat in the upper-storey has a small projection (Thara) covering a Municipal drainage. This Thara abuts the New Anarkali Bazar. Respondent No. 1 Zahoor-ud-Din occupied the Thara in the year 1954 and started his business there. In 1960, he fixed an Almirah of the structure of a showcase on the wall of the stair-case leading to the residential portion transferred to the appellant to which the Thara is attached. It is further alleged that before respondent No. 1 came into possession of this Thara, one Maqsoodul Hussan occupied it after Partition in 1947, and set up a small business of general merchandise on it and later set up a wooden Khokha on this Thara for the purpose of his business. In 1953, the Corporation authorities found it to be an unauthorised construction and with the aid of the Martial Law authorities demolished the same along with all other such unauthorised Khokhas. The Thara remained vacant in the years 1953 and 1954. In 1954, after quite sometime of the lifting of the Martial Law from Lahore, the respondent Zahoor-ud-Din occupied the Thara and settled his business by placing a show-case on it. Respondent No. 1 Zahoor-ud-Din…
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